Dhirendra Kumar @ Dhirendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89206 of 2024 Arising Out of PS. Case No.-615 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== Dhirendra Kumar @ Dhirendra Kumar Yadav S/o- Krit Yadav VillagePurnibathan Police Station- Fatehpur Gurpa District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Prakash Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-01-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3.

Learned counsel for the petitioner submits that petitioner has antecedent of three cases and allegation is of recovery of 450 litres of liquor from a santro car. 4.

It is next submitted that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated based on confessional statement of juvenile accused in police custody which does not have any evidentiary value. It is also submitted that once an

Patna High Court CR. MISC. No.89206 of 2024(2) dt.24-01-2025 2/2 accused is implicated in a case relating to excise the police starts implicating mechanically. It is next submitted that the petitioner is in custody since 26-10-2024 and charge-sheet has been submitted.

5.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6.

Considering the submission made by learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Wazirganj P.S. Case No. 615 of 2023.

(Satyavrat Verma, J) SUMIT/- U T